Tag: compensation

By Audrey MillercloseAuthor: Audrey MillerName: Audrey MillerEmail: amiller@eldercaring.caSite:https://www.eldercaring.caAbout: Email: amiller@eldercaring.ca
About: Audrey Miller, Managing Director of Elder Caring Inc. has over 25 years social work and rehabilitation experience working with older individuals and their families. She advises the financial, insurance, legal and business communities regarding elder care issues. Audrey is a recognized expert in her field.See Authors Posts (245) •
October 15, 2018
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I had the pleasure last week of being a panelist as part of the Canadian Association of Gift Planner’s mentoring & education breakfast, on the topic of Ethics. When I had previously thought of ‘Gift Planning’ I was only considering the Will component, the gift left to a particular charity,…

By Jacob KaufmancloseAuthor: Jacob KaufmanName: Jacob KaufmanEmail: jkaufman@devrieslitigation.comSite:https://devrieslitigation.com/about/jacob-kaufman/About: Jacob Kaufman is a lawyer with de VRIES LITIGATION LLP. Jacob assists clients with will challenges, dependant support claims, guardianship applications, power of attorney disputes and other estate and trust litigation matters. He has appeared before various levels of court, including the Superior Court of Justice and the Court of Appeal for Ontario. Jacob obtained his law degree from the University of Western Ontario (with distinction) after completing an Honours Bachelor of Arts degree from Queen’s University in history (with distinction). He has written articles for the International Law Office, Legal Alert and the OBA’s Deadbeat.
Email: jkaufman@devrieslitigation.comSee Authors Posts (31) •
January 4, 2017

What is the limitation period for an attorney to seek compensation on a passing of accounts? In Armitage v. The Salvation Army, 2016 ONCA 971, the Court of Appeal confirmed that there is no such limitation period (although the equitable doctrine of laches and acquiescence can be asserted). In Armitage,…

By Angela CaseycloseAuthor: Angela CaseyName: Angela CaseyEmail: acasey@devrieslitigation.comSite:About: Angela is a partner at de VRIES LITIGATION LLP. Angela has extensive experience with capacity litigation, power of attorney disputes, dependant support claims, will challenges, and will interpretation proceedings. She routinely acts as agent lawyer for the Children’s Lawyer in contentious litigation. She also has extensive experience litigating commercial and shareholder disputes, as well as fraud actions. She has appeared before the Ontario Court of Appeal, the Ontario Superior Court of Justice, the Ontario Divisional Court, and several administrative tribunals.See Authors Posts (9) •
October 2, 2015

On Tuesday, September 29, I spoke at an OBA program entitled “The Family Business: Administration and Litigation of Trusts and Estates Holding Business Assets.” At the end of the program, there was an interesting discussion about the distinction between compensation for estate trustees and compensation for POAs or guardians of…

By Justin de VriescloseAuthor: Justin de VriesName: Justin de VriesEmail: jdevries@devrieslitigation.comSite:https://www.devrieslitigation.comAbout: Justin has been consistently named as one of the Best Lawyers in Canada/Trusts & Estates. He is an accomplished litigator who has appeared before all levels of the Ontario Court & the Federal Court of Canada. Justin's areas of expertise include: estate, trust, and capacity litigation, as well as probate applications and estate administration. He regularly speaks on estate, trust and capacity issues.
Email: jdevries@devrieslitigation.comSee Authors Posts (41) •
September 15, 2011

In two cases decided in 2010, the Court considered whether it was appropriate for an attorney for property to pay herself for care services provided to an aging parent

By Justin de VriescloseAuthor: Justin de VriesName: Justin de VriesEmail: jdevries@devrieslitigation.comSite:https://www.devrieslitigation.comAbout: Justin has been consistently named as one of the Best Lawyers in Canada/Trusts & Estates. He is an accomplished litigator who has appeared before all levels of the Ontario Court & the Federal Court of Canada. Justin's areas of expertise include: estate, trust, and capacity litigation, as well as probate applications and estate administration. He regularly speaks on estate, trust and capacity issues.
Email: jdevries@devrieslitigation.comSee Authors Posts (41) •
May 16, 2011

How much compensation should be awarded to an estate trustee who has breached her duty of honesty and utmost good faith, was prepared to simply cut a cheque to pay out a claim against the estate without any investigation into its merits, and was prepared to use the threat of destroying the testator’s beloved pets as a means to try to extract benefits for her friends and herself?